A Common Question Among Landlords

Many landlords ask the same question when reviewing applications:

Can I choose not to rent to this tenant?

The short answer is yes — but only under certain conditions.

In Ontario, tenant selection is not just a business decision. It is also governed by human rights laws, and making the wrong decision can lead to serious legal consequences.

1. What Landlords Are Allowed to Consider

Under Ontario law, landlords are allowed to evaluate tenants based on legitimate financial and reliability factors.

These typically include:

• Credit score and credit history
• Income level and employment stability
• Rental history and references
• Ability to pay rent on time

These are considered valid and legal criteria when selecting a tenant.

2. What Landlords Are NOT Allowed to Consider

This is where many landlords make mistakes.

Under the Ontario Human Rights Code, landlords cannot refuse a tenant based on protected characteristics, including:

• Race or ethnicity
• Religion
• Gender or sexual orientation
• Age
• Family status (e.g., having children)
• Disability
• Source of income (e.g., social assistance)

Important example

Refusing a tenant because:

• they have children
• they receive government support
• they belong to a certain background

can be considered discrimination, even if it was not the landlord’s intention.

3. What About “Personal Preference”?

Many landlords believe they can choose a tenant based on “fit” or personal comfort.

However, this is a risky area.

If a decision is not clearly based on objective criteria (such as credit or income), it may be challenged as discriminatory.

4. How to Screen Tenants Properly

To avoid legal issues, landlords should follow a structured screening process.

Best practices include:

• Use consistent criteria for every applicant
• Document all decisions
• Focus on financial and rental history
• Avoid subjective or personal judgments

A transparent process not only protects landlords legally but also leads to better tenant selection.

5. What Happens If You Make the Wrong Decision?

If a tenant believes they were unfairly rejected, they may file a complaint with the Human Rights Tribunal of Ontario (HRTO).

Potential consequences include:

• Financial compensation
• Legal costs
• Reputational risk

This is why it is important to understand not just what feels right but also what is legally permitted.

Why This Matters

Tenant selection is one of the most important steps in property management.

Choosing the right tenant reduces:

• missed rent payments
• property damage
• future disputes

But the process must be done within legal boundaries.

Final Thoughts

In Ontario, landlords do have the right to refuse a tenant — but only when the decision is based on legitimate, non-discriminatory factors.

Understanding where the legal line is can make a significant difference in protecting your investment.

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